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PROMOTION PERIOD: “1989 Nissan 240sx” Sweepstakes entries will be accepted online starting at 12:00PM Pacific Standard Time (PST) on April 1st, 2019 and ending 11:59PM Pacific Standard Time (PST) on June 30th, 2019 (the “Promotion Period”).
1. Eligibility: Open to legal residents of the 50 United, 18 years of age or older at the time of entry. Void where prohibited or restricted by law. Employees of throtl Inc. (the “Sponsor”), subsidiaries, advertising and promotion agencies, suppliers and their immediate family members and/or those living in the same household of each are not eligible to participate in the Sweepstakes (with the exclusion of throtl Brand Ambassadors). The Sweepstakes is subject to all applicable federal, state and local laws and regulations. Void where prohibited.
2. How to Enter: There are three ways to enter: 1) Eligible individuals who purchase a throtl VIP membership on at www.throtl.com/get_vip will receive six (6) Sweepstakes entries per month of membership during the sweepstakes period (e.g., a membership started in April will earn 18 entries). This is limited to one membership per person. 2) Eligible Individuals can earn entries for purchasing products from www.throtl.com. During the Promotion Period you will automatically receive one (1) entry into the Sweepstakes for every $5 spent on an eligible purchase at https://www.throtl.com (the “Website”) (e.g., a $22 purchase will earn 4 entries). The number of entries you receive will be based on the list price of your eligible purchase (excludes sales tax and shipping/handling charges), less any credits or discounts. If a purchase is returned prior to the Sweepstakes drawing, entry will be voided. Your purchase transaction must be received by 11:59:59 PM PT on 6/30/19 to be eligible to receive entries. Eligible VIP Members who make a product purchase from the website during the promotion period will receive (3) entries per $5 spent. 3) To enter without purchase, print your name, address, city, state/province, zip/postal code, e-mail address, telephone number and date of birth on a 4x6 postcard (no outer envelope) and mail to: throtl Inc, 302 Washington Street #102, San Diego, California 92103 (each postcard must be mailed individually- multiple/bulk mailings will not be accepted). Mail-in entries must be postmarked by June 30th, 2019 and received by July 3rd, 2019. Earn 3 entries per postcard. No photo copies, facsimiles or reproductions of mail-in entry requests will be accepted. Sponsor is not responsible for late, lost, damaged, stolen, incomplete, illegible, postage due, or misdirected entries. Proof of mailing does not constitute proof of delivery. All information must be complete to be eligible. Personal information collected from entrant is used only for the purpose of the Sweepstakes and will not be re-used, sold or shared in any manner, unless entrant agrees to receive further information on Sponsor’s or prize partner’s products and promotions. Use of computer programs and/or other automated devices to enter sweepstakes is prohibited.
3. Prizes: The Winner(s) of the Sweepstake (the “Winner”) will receive the 1989 Nissan 240SX (VIN #JN1HS36P2KW026329): The interior and exterior color and condition displayed in the videos/photos may differ. The winner must possess automobile insurance prior to receiving the prize. A No cash or other prize substitution shall be permitted except at throtl Inc’s discretion. Any costs associated with registration, taxes and licensing of the automobile are the sole responsibility of the Grand Prize Winner. No substitution or transfer of Prize will be permitted, except by the Sponsor, who reserves the right at its sole discretion to substitute a Prize with another Prize of equal or greater value. This vehicle has no warranty. All other expenses associated with Prize acceptance not mentioned herein are the sole responsibility of the Grand Prize Winner. Acceptance of prize constitutes permission for throtl Inc. to use Winner’s name, likeness, and entry for purposes of advertising and trade without further compensation, unless prohibited by law.
NOTE #1: Prize car might not pass emissions testing in certain states. Winner is responsible for reviewing standards for operation of a vehicle in their state before accepting prize.
NOTE #2: Prize must be picked up from San Diego California within thirty (30) days of notification of availability from the sponsor.
NOTE #3: The winner understands and agrees that the process will be videotaped/photographed. Rights to any Prize ceremony video/photo belong solely to the Sponsor and can be used in any media at their sole discretion.
The Approximate Retail Value (“ARV”) of the 1989 Nissan 240sx is $6,500. Actual/appraised value may differ at time of prize award. The specifics of the prize shall be solely determined by the Sponsor.
4. Odds: The odds of winning depend on the number of eligible entries received.
5. Winner Selection and Notification: Winner will be selected by a random drawing under the supervision of throtl Inc. Winner will be notified by email within five (5) days following selection of Winner. Throtl Inc. shall have no liability for Winner’s failure to receive notices due to spam, junk e-mail or other security settings or for Winner’s provision of incorrect or otherwise non-functioning contact information. If Winner cannot be contacted, is ineligible, fails to claim the prize within 30 days from the time award notification was sent, or fails to timely return a completed and executed declaration and release as required, the prize may be forfeited and an alternate Winner selected. Receipt by Winner of the prize offered in this Sweepstake is conditioned upon compliance with any and all federal, state, and local laws and regulations. ANY VIOLATION OF THESE OFFICIAL RULES BY WINNER (AT THROTL INC‘S SOLE DISCRETION) WILL RESULT IN WINNER’S DISQUALIFICATION AS WINNER OF THE SWEEPSTAKE, AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.
6. Rights Granted by You: By entering this content (e.g., photo, video, text, etc.), You understand and agree that throtl Inc. anyone acting on behalf of throtl Inc. and throtl Inc’s licensees, successors, and assigns, shall have the right, where permitted by law, to print, publish, broadcast, distribute, and use in any media now known or hereafter developed, in perpetuity and throughout the World, without limitation, your entry, name, portrait, picture, voice, likeness, image, statements about the Sweepstake, and biographical information for news, publicity, information, trade, advertising, public relations, and promotional purposes. without any further compensation, notice, review, or consent. Optional verbiage for Contests: By entering this content, You represent and warrant that your entry is an original work of authorship, and does not violate any third party’s proprietary or intellectual property rights. If your entry infringes upon the intellectual property right of another, You will be disqualified at the sole discretion of throtl Inc.. If the content of your entry is claimed to constitute infringement of any proprietary or intellectual proprietary rights of any third party, You shall, at your sole expense, defend or settle against such claims. You shall indemnify, defend, and hold harmless throtl Inc. from and against any suit, proceeding, claims, liability, loss, damage, costs or expense, which throtl Inc. may incur, suffer, or be required to pay arising out of such infringement or suspected infringement of any third party’s right.
7. Terms & Conditions: throtl Inc. reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Sweepstake should virus, bug, non-authorized human intervention, fraud, or other cause beyond throtl Inc.’s control corrupt or affect the administration, security, fairness, or proper conduct of the Sweepstake. In such case, throtl Inc. may select the Winner from all eligible entries received prior to and/or after (if appropriate) the action taken by throtl Inc. throtl Inc. reserves the right, in its sole discretion, to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Sweepstake or website or violates these Terms & Conditions. Throtl Inc. has the right, in its sole discretion, to maintain the integrity of the Sweepstake, to void votes for any reason, including, but not limited to: multiple entries from the same user from different IP addresses; multiple entries from the same computer in excess of that allowed by Sweepstake rules; or the use of bots, macros, scripts, or other technical means for entering. Any attempt by an entrant to deliberately damage any website or undermine the legitimate operation of the Sweepstake may be a violation of criminal and civil laws. Should such attempt be made, throtl Inc. reserves the right to seek damages to the fullest extent permitted by law.
8. Limitation of Liability: By entering, You agree to release and hold harmless throtl Inc. and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers, and directors from any liability, illness, injury, death, loss, litigation, claim, or damage that may occur, directly or indirectly, whether caused by negligence or not, from: (i) such entrant’s participation in the Sweepstake and/or his/her acceptance, possession, use, or misuse of any prize or any portion thereof; (ii) technical failures of any kind, including but not limited to the malfunction of any computer, cable, network, hardware, or software, or other mechanical equipment; (iii) the unavailability or inaccessibility of any transmissions, telephone, or Internet service; (iv) unauthorized human intervention in any part of the entry process or the Promotion; (v) electronic or human error in the administration of the Promotion or the processing of entries.
9. Disputes: THIS Sweepstake IS GOVERNED BY THE LAWS OF THE USA AND THE STATE OF CALIFORNIA, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Sweepstake, participant agrees that any and all disputes that cannot be resolved between the parties, and causes of action arising out of or connected with this Sweepstake, shall be resolved individually, without resort to any form of class action, exclusively before a court located in California having jurisdiction. Further, in any such dispute, under no circumstances shall participant be permitted to obtain awards for, and hereby waives all rights to, punitive, incidental, or consequential damages, including reasonable attorney’s fees, other than participant’s actual out-of-pocket expenses (i.e. costs associated with entering this Sweepstake). Participant further waives all rights to have damages multiplied or increased.
11. Winners List: To obtain a copy of the Winner’s name or a copy of these Official Rules, mail your request along with a stamped, self-addressed envelope to: throtl Inc, 302 Washington Street #102, San Diego California, 92103. Requests must be received no later than 7/31/2019
12. Sponsor: The Sponsor of the Sweepstake is throtl Inc, 302 Washington Street #102, San Diego California, 92103
This sweepstakes is no way sponsored or endorsed by Nissan.